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Secretary for Justice v Law Kwun Chung [2017] 6 HKC 236

Oct 26, 2017

Mr Robert Pang SC, leading Mr Michael Chai and Ms Priscilla Chow, appeared for the 2nd respondent in the Court of Appeal in Secretary for Justice v Law Kwun Chung [2017] 6 HKC 236 in his application for leave to appeal to the Court of Final Appeal. In dismissing the application, the Court of Appeal held that where the ground for review was that the sentencing court acted on an erroneous factual basis, the Court of Appeal would be entitled to examine the evidence adduced below to consider if, based on the facts proved, admitted or not in dispute, the sentencing court did make the error as asserted by the Secretary for Justice.

The Court of Final Appeal subsequently allowed the appeal on 6 February 2018.